State v. Yslas, 08-Ca-10 (5-1-2009)

OPINION

{¶ 1} Ramon Yslas appeals from the dismissal of his Civ. R. 60(B)(2)(5) motion, wherein he claims his speedy trial rights under R.C. 2945.71 et seq. had been violated. The trial court treated the motion as a petition for post-conviction relief under R.C. 2953.21 and, having done so, dismissed the petition as untimely pursuant to our opinion in State v. Hayden, 2007-Ohio-5572 and as barred by res judicata pursuant to our opinion in State v. Dunn, 2007-Ohio-4890.

{¶ 2} Yslas claims the trial court erred. We disagree and affirm the trial court's order that dismissed the petition.

{¶ 3} In…